Page 76 - When Things Go Wrong
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with the court to fulfil the public interest in upholding the rule of law.
[emphasis added]
4.38 Outside the health sector, public bodies in other fact-finding jurisdictions are
assisted by the Treasury Solicitor Guidance: “the principles set out here may
have generic relevance to Standard Disclosure under Part 31 CPR in such
cases, Norwich Pharmacal orders, applications for specific discovery and to
inquests and inquiries” [emphasis added].
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The Bishop’s Charter
4.39 In Patronising Disposition, Bishop James Jones promulgated a voluntary
‘Charter’ directed at candour, particularly within inquiry and inquest
processes.
Charter for Families Bereaved through Public Tragedy
In adopting this charter I commit to ensuring that [this public body] learns the
lessons of the Hillsborough disaster and its aftermath, so that the perspective
of the bereaved families is not lost.
I commit to [this public body] becoming an organisation which strives to:
1. In the event of a public tragedy, activate its emergency plan and deploy its
resources to rescue victims, to support the bereaved and to protect the
vulnerable.
2. Place the public interest above our own reputation.
3. Approach forms of public scrutiny – including public inquiries and inquests
– with candour, in an open, honest and transparent way, making full
disclosure of relevant documents, material and facts. Our objective is to
assist the search for the truth. We accept that we should learn from the
findings of external scrutiny and from past mistakes.
212 R (Hoareau) v SSFCA [2018] EWHC 1508 (Admin) [20].
213 Treasury Solicitor’s Department, ‘Guidance on Discharging the Duty of Candour and Disclosure in
Judicial Review Proceedings’, 2010, p. ii.
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